Question
help with editing this Case Summary below : Case Summary California was the first state to prohibit the possession and sale of cannabis in 1913,
help with editing this Case Summary below :
Case Summary
California was the first state to prohibit the possession and sale of cannabis in 1913, and in 1996 was the first to legally allow for medicinal purposes. In 1996 California passed proposition 215 The Compassionate Use Act with overwhelming support to ensure that seriously ill patients, under a doctor's care, would have a mode for safe use and distribution to patients in need (Cornell Law School, 2005). The Controlled Substance Act (CSA), 21 U.S. Code 801, was developed as part of the "War on Drugs" in 1971 and categorizes drugs into schedules. Under the CSA marijuana was categorized as a schedule I drug. Specifically, under the CSA this prevents the possession, obtaining, or manufacturing of cannabis and was subsequently seized and destroyed by the Drug Enforcement Agency (DEA) (Cornell Law School, n.d.). Raich and Monson were both using medicinal cannabis under the supervision of a doctor for severe health issues that are otherwise untreatable by conventional medications. Both respondents claimed that enforcing the CSA violated the doctrine of medical necessity, the Commerce Clause, and their fifth, ninth, and tenth amendment rights as provided by the Constitution (Cornell Law School, 2005).
References
Balman, S. (2013). Constitutional Irony: Gonzales v. Raich, Federalism and Congressional Regulation of Intrastate Activities under the Commerce Clause, 41 Tulsa L. Rev. 125. https://digitalcommons.law.utulsa.edu/tlr/vol41/iss2/2 9 GONZALES V. RAICH Beerel, A. (2007). Gonzales V. Raich - "The Quality of Mercy Shall Not Be Strained. . ." Teaching Ethics, 8(1), 103-107. https://doi.org/10.5840/tej2007818 Bostrom, B. A. (2005). Gonzales v. Raich in the supreme court of the united states*. Issues in Law & Medicine, 21(1), 47-56. Retrieved from https://www.proquest.com/scholarlyjournals/gonzales-v-raich-supreme-court-united-states/docview/215291045/se-2? accountid=44759 Carcieri, M. (2007). Gonzales V. Raich: Congressional Tyranny and Irrelevance in the War on Drugs. University of Pennsylvania Journal of Constitutional Law, 9(5), 1131. Cheeseman, H. (2019). Legal Environment of Business (9th ed.). Pearson. Collins, J. (2007). Scalia's Raich Concurrence: A Significant Departure from Originalist Interpretation? Marquette Law Review, 90(4), 1044-1068. http://scholarship.law.marquette.edu/mulr/vol90/iss4/7 Cornell Law School (2005, June). Gonzales v. Raich. https://www.law.cornell.edu/supremecourt/text/03-1454
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